9911796707
TMI Blog2023 (3) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... accused persons do not have a say in the matter of appointment of an Investigating Agency. The accused persons cannot choose as to which Investigating Agency must investigate the alleged offence committed by them. Accused has no right with reference to the manner of investigation or mode of prosecution. The Hon ble Supreme Court in the case of Romila Thapar Vs. Union of India Ors., reported in [ 2018 (9) TMI 1881 - SUPREME COURT ], has held that, neither the accused, complainant nor the informant are entitled to choose their own Investigating Agency, to investigate the crime, in which they are interested. That the accused cannot ask for changing the Investigating Agency or do the investigation in a particular manner, including Court monito ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "a) Issue the writ of mandamus directing the Respondents to procure the investigation papers and documents from the Investigating Agencies at South Africa with respect to the seizures made in India by the Respondents qua the Petitioner in F. No. DRI/MZU/C/INT-93-2022. b) Issue the writ of mandamus directing the Respondents to file the documents with the Trial Court which are procured from the Investigating Agencies at South Africa with respect to the seizures made in India by the Respondents qua the Petitioner in F. No. DRI/MZU/C/INT-93-2022." 2. Heard Mr. Ayaz Khan, learned counsel for Petitioner, Mr. Advait Sethna for Respondent No.1-Union of India and Mr. S.S. Hulke, learned A.P.P. for Respondent No.2-State. Perused record and Affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation in a particular manner, including Court monitored investigation. In the said decision, the Hon'ble Supreme Court has relied on the decisions in the cases of Divine Retreat Centre Vs. State of Kerala (supra) and Narmadabai Vs. State of Gujrat (supra). In the case of Arnab R. Goswami Vs. Union of India & Ors., reported in (2020) 14 SCC 12, the Hon'ble Supreme Court has held that, displeasure of accused person about manner in which the investigation proceeds or an unsubstantiated allegation of a conflict of interest with the police conducting the investigation must not derail the legitimate course of law and warrant extraordinary power of the Court to transfer the investigation to C.B.I.. In the said decision, the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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